Gosser v. Yohn
Superior Court of Pennsylvania
Appeal, No. 179, April T., 1917, by Pittsburgh Trust Company, from order of C. P. Allegheny Co., Oct. T., 1916, No. 382, dismissing exceptions to sheriff’s return in case of Mary A. Gosser v. Elmer E. Yohn. Exceptions to sheriff’s return. Prom the record it- appeared that the fund for distribution arose from the sale of certain real estate in foreclosure proceedings under a first mortgage. The opinion of the Superior Court states the facts.
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Appeal, No. 179, April T., 1917, by Pittsburgh Trust Company, from order of C. P. Allegheny Co., Oct. T., 1916, No. 382, dismissing exceptions to sheriff’s return in case of Mary A. Gosser v. Elmer E. Yohn. Exceptions to sheriff’s return. Prom the record it- appeared that the fund for distribution arose from the sale of certain real estate in foreclosure proceedings under a first mortgage. The opinion of the Superior Court states the facts. Error assigned was in dismissing exceptions to sheriff’s return.
1Opinion of the Court
Opinion by
Williams, J.,
This was a cáse stated to determine which of two lien creditors is entitled to the surplus remaining after the satisfaction of a first mortgage lien upon a foreclosure sale.
June 2,1913, one Lewis sold a property to Yohn, who, *523July 7,1913, gave Mary Gosser a first mortgage thereon for $2,800. July 12, 1913, Yohn gave Lewis a Second mortgage for $1,350, which was recorded October 15, 1913. Between July 12th and 15th, Yohn, upon a statement by Lewis that the mortgage could not be negotiated without it, gave Lewis a promissory note for $1,350 (the amount of the mortgage)…
2Cases cited1 opinion
- Young v. BradySupreme Court of Pennsylvania · 1915
3Cited by2 opinions
- Farmers Trust Co. v. BombergerSupreme Court of Pennsylvania · 1987
- Mendelson v. Hargrove (In Re Mirkin)United States Bankruptcy Court, E.D. Pennsylvania · 1989